Common Questions – Jeff Paulsen
I am excited and surprised at how great of an opportunity it has been to teach these Concealed Carry classes for J.E.S. in the state of Utah and even some surrounding areas. I have enjoyed the variety of people who are taking advantage of Utah’s laws and rights in obtaining a Concealed Carry Permit. In teaching these classes and speaking with the students I have realized that some of the same questions/beliefs come up almost every time. I thought I would take a few minutes to right down some of these and resource the correct answers for our students and also any of those who may visit this site in regards to the CCW laws and rules in the state of Utah.
A common belief I have come across a lot is the assumption that a person can’t carry a concealed firearm in an airport even if they do have a concealed firearm permit.
Utah law (1) states that it is illegal to take a firearm past the secured area of any airport. This would consist of the area that is restricted by metal detectors and controlled by Airport Security. Any area before this safety point is considered legal under normal statue.
A strong opinion that I get in almost every class is that if someone is in your home you have the right to kill them. Understand that the laws are clear as to when anyone has the right to protect their habitation, in other words, their Current place of residence. The statue 76-2-405 clearly states that three things must take place before “lethal force” can be used. First, a person must have entered your place of residence in a violent or sneakily manner. Or in other words they have to be there against your permission. This would include someone you have asked to leave and has not. Second, you must believe that the entry was made to commit a felony and force is necessary to prevent that felony. And finally you must believe that there is a fear of imminent peril of death or serious bodily injury. All three of these things must take place to use lethal force in protecting a habitat.
A strong belief here in Utah is that a person with or without a concealed carry permit can’t carry a firearm on the grounds of a public school. In the state of Utah there are several laws (2) that very clearly define who and when a firearm can be carried onto the grounds of a public school. It is stated that, in Utah, a person who has a valid Concealed Carry Permit is allowed to have a firearm as long as they are “in transitory with intent of parking or bringing another party or taking another party from school”. Understand that it is also stated in law that you should inform the “responsible school administrator” of any further deviation from the above law is needed. This is in regards to all elementary or secondary schools.
In conclusion I would like to add that this is not an attempt to give any one reading this permission to use this article as any form of defense. As Concealed Carry Permit holders in the state of Utah we take upon ourselves the responsibility to read and know the laws as they apply to each of us individually. As we do this we will all be able to help others know what is fact and what is fiction.
Jeff Paulsen
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Sources
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53-5-710, 76-8-311, 76-10-523.5, 76-10-529 and 76-10-530
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76-10-505.5 and 53A-3-502
